Joanne J. Russell; Michael Russell v. Alex Louhenapessy; Wells Fargo Armored Service Corporation
Published: Feb. 21, 1998 | Result Date: Jan. 22, 1998 | Filing Date: Jan. 1, 1900 |Case number: 760723 Verdict – $325,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Darren O. Aitken
(Aitken Aitken Cohn)
Defendant
Experts
Plaintiff
Kendall S. Wagner M.D.
(medical)
Tom D. Thomas
(medical)
Wayne H. Lancaster
(technical)
Defendant
Edward L. Workman
(technical)
Facts
On Nov. 14, 1995, plaintiff Joanne J. Russell, a 33-year-old corporate vice president, was driving in the City of Lake Forrest when defendant, driving a Wells Fargo armored vehicle, ran a red light and hit plaintiff who was travelling at approximately 45 mph. The plaintiffs, husband and wife, brought this action against defendant based on a negligence theory of recovery. Liability was admitted.
Settlement Discussions
At the time of trial, defendants offered $250,000 to settle both claims, with the indication that an increased offer of $300,000 was possible. Plaintiffs' final offer was $425,000 to settle both claims.
Specials in Evidence
$75,000 $10,000 $10,000 to $60,000 (per plaintiff); $150,000 (per defendant). According to defendant, plaintiffs requested an award in excess of $1.2 million for both claims Disputed
Other Information
The verdict was reached approximately one year and 10 months after the case was filed. EXPERT TESTIMONY: Plaintiffs' expert, Dr. Kendall Wagner, an orthopedic surgeon, testified that the knee condition would continue to worsen and plaintiff would eventually require another, more serious, knee surgery or a complete knee replacement.
Deliberation
one day
Length
three days
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